Who Is Liable For Car Accident At Work Claims?

Car accident at work claims guide

Car accident at work claims guide

This guide will look at whether you can make a car accident at work claim. It will discuss the duty of care an employer has to you while carrying out work duties and how negligence could lead to an accident. We will also look at how the new Whiplash Injury Regulations 2021 could have an impact on your road traffic accident injury claim.

Claims are all unique in some way, as yours will be. This means that we could miss some answers you need in this guide. We can only cover so much. However, we have a team of claim advisors on hand to answer additional questions. Call our team by calling 0800 408 7825 for more help. You can also ask that they call you by sending a message via the contact form.

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Car Accident At Work Claims

Do you drive a company car as part of your job? Have you had an accident in this vehicle that has caused an injury? To be able to make a car accident at work claim your employer will need to be liable for the accident. Employers owe their employees a duty of care to take reasonable steps to protect their safety while carrying out work tasks. One way your employer could be liable for a car accident at work claim is if they neglect to ensure that the car is roadworthy. If your car accident was due to poor maintenance of a company vehicle you may have a valid claim.

That said, if the road traffic accident was the result of another road user acting negligently then you could still make a personal injury claim. In this instance, the claim would be against them rather than your employer.

On May 31st 2021 the law changed how drivers and passengers over the age of 18 make a low-value personal injury claim after a road accident. The Whiplash Reform Programme means that any injuries valued at £5000 or less, suffered by an adult inside a vehicle now must make their case through a government online portal. This would not apply if you were making an accident at work claim 

Who Is Liable In Car Accident At Work Claims?

When a car accident happens in a company vehicle there are different parties that could be liable for the incident:

  • Your employer may be liable.
  • You yourself may be liable.
  • Another road user who has no connection to your employer could be liable.
  • The council or highways agency due to poor road conditions.

If you are unsure who is liable in your case, a personal injury solicitor will be able to tell you. Call our team of advisors for free legal advice. They will also offer to assess the eligibility of your case for free.

Is The Employer Liable?

Your employer has to comply with the Health and Safety at Work etc. Act 1974 among other pieces of health and safety legislation. As part of their duty of care, they must ensure that they take steps to keep you reasonably safe. This would mean ensuring that any vehicle they provided you with was safe. If for some reason the vehicle was not road worthy and caused an accident in which you suffered injuries you may be able to pursue a car accident at work claim.

Is The Employee Liable?

Whether driving your personal vehicle or a company car, you owe a duty of care to other road users not to cause injury through negligence. If you have a car accident that you were the cause of, liability in a car accident would be yours. In such a case, making a personal injury claim for a car accident is not possible. However, if you were only partially at fault you may be able to make a split liability claim.

Road Accident Statistics

The graph below shows statistics, from Brake the road safety charity. It looks at the percentages of fatal accidents on Great Britain’s roads during 2020. The mode of transport that saw the highest percentages of death is car travel. However this is not surprising as cars represent 80% of travel on the roads.  Road Deaths by Transport Type in Great Britain - 2020

What Evidence Can Support Car Accident At Work Claims?

Providing plenty of evidence is a good way to improve your chances of making successful car accident at work claims. Below, we have given some advice related to things you can do to help your claim.

  • You must report the accident to your employer and as with all workplace accidents, ensure it is noted in the accident book. You may also want to report the accident to the police.
  • Get professional medical care for injuries caused by your accident at work, even for the most trivial of injuries.
  • Take photograph proof of the cause of the accident
  • Collect information about every driver and vehicle involved in the accident.
  • Gather contact details for any witnesses who saw what happened.
  • Contact our team to learn how to start a claim.

Car Accident At Work Claims Calculator

We can not give you an average for the amount you might receive for a successful car accident at work claims. Each claim is different. For example, you may have suffered whiplash with symptoms that are unique to you and with a specific impact on your life. You may be able to use a personal injury calculator to get a rough estimate of the value of your claim.

If you are making a personal injury claim against another road user through the Whiplash Reform Programme then the compensation brackets below will not apply. The Reform has its own set of tariffs.

The table we have provided gives examples of compensation ranges for different types and severities of injuries. The Judicial College produces guidelines that the legal system uses to value injuries. We based this table on these guidelines.

Type of InjuryHow Bad?Additional InformationRange of Damages
Brain Damage Very SevereA case where brain damage is severe. The claimant will only be able to follow very basic commands and will need complete 24 hours professional care. £264,650 to £379,100
Mental HarmSevereThe claimant will be experiencing negative affects in all aspects of their life, including work, relationships, studies and social life. It is unlikely a full recovery will be made. £51,460 to £108,620
Facial Disfigurement(a) Very Severe ScarringVery severe cosmetic scarring and severe physcholoigical reaction.£27,940 to £91,350
Bowel Total loss of function loss of normal bowel function. In such cases, a colostomy bag may be required.Up to £140,870
Digestive System(a) Damage Resulting from Traumatic InjurySerious seat-belt pressure cases.£6,190 to £11,820
Neck InjuriesSevere (i)Neck injury associated with incomplete paraplegia and suffers severe headaches which have proved intractable.In the region of £139,210
BackSevere (i)Severe damage to the spinal cord and nerve roots Ongoing and possibly permanent health impacts could include sexual dysfunction, loss of bowel control, ongoing pain, etc.£85,470 to £151,070
Toe(d) Serious Toe InjuriesSerious injuries to the great toe or crush and multiple fractures of two or more toes£9,010 to £12,900
AnkleSevereThese ankle injuries are severe, and will take a long time to heal, and won’t heal completely. The ankle will remain weak and the gait of the sufferer may be permanently affected.£29,380 to £46,980

A Note On Damages

The above table, only shows general damages. All are related to some form of physical or mental harm. But you may have also suffered a monetary loss due to the accident or your injuries. In such cases, you could be able to claim special damages.

Special damages can be claimed for things such as medical expenses, loss of wages, care costs, etc. They can be claimed for prior losses, or predicted costs you will incur in the future. However, you are going to need documentation that can prove these losses. Call our claims team for some more advice on how to do this.

Contact Us About No Win No Fee Claims

Do you think you have a valid injury at work claim? Then we can appoint a No Win No Fee solicitor to process your claim for you. Under a No Win No Fee agreement, you won’t have to pay any fee to your lawyer at the start of your claim. You don’t pay any lawyer fee until the claim has been won. If it is lost, you still don’t pay the lawyer a fee. However, if a No Win No Fee solicitor wins your case, you will need to pay your lawyer a success fee.

Do you need some more help or questions you need to have answered about making car accident at work claims? Then please do get in touch with our team of claim advisors, they can help you further. Use the information below to get in touch.

Phone number: 0800 408 7825

Contact form and webchat

Learn More about Car Accident At Work Claims

Here are some useful links for you.

Vehicle Insurance And Accidents

Road Traffic Act 1988

The Highway Code

Additional claims guides.

I Had A Car Accident That Wasn’t My Fault 

How To Claim Compensation For An Accident Or Injury

Get A Personal Injury Lawyer For Your Claim

Article by AH

Publisher AC.